SB-0040, As Passed Senate, October 20, 2016

SUBSTITUTE FOR
SENATE BILL NO. 40

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"
by amending sections 2130, 2134, 2135, 2154, and 51106 (MCL
324.2130, 324.2134, 324.2135, 324.2154, and 324.51106), sections
2130, 2134, and 2135 as added by 1995 PA 60 and sections 2154 and
51106 as amended by 2012 PA 604.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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Sec. 2130. As used in this subpart:

(a) "Board" means the Michigan natural resources trust fund

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board established in part 19.

(b) "Fund" means the land exchange facilitation AND MANAGEMENT
fund created in section 2134.
(c) "Land" includes lands, tenements, and real estate and

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rights to and interests in lands, tenements, and real estate.

Sec. 2134. (1) A land exchange facilitation AND MANAGEMENT
fund is created in the state treasury.
(2) THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS FROM

ANY SOURCE FOR DEPOSIT INTO THE FUND. THE STATE TREASURER SHALL

DIRECT THE INVESTMENT OF THE FUND. THE STATE TREASURER SHALL CREDIT

TO THE FUND INTEREST AND EARNINGS FROM FUND INVESTMENTS.

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(3) The fund shall be administered by the department and shall

be used only as provided in section 2135.
(4) (2) Any money, including interest earned by the fund,

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remaining in the fund at the end of a fiscal year shall be carried

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over in the fund to the next and succeeding fiscal years and shall

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not be credited to or revert LAPSE to the general fund.

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Sec. 2135. (1) Money from the fund shall be used by the
department only for the following purposes:
(a) Upon the recommendation of the department and

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authorization of the board, the THE purchase of land for natural

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resources management , administration, and public recreation that

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has been approved by the legislature for purchase pursuant to

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section 1908.IF THE LAND MEETS THE NEEDS OUTLINED IN THE STRATEGIC

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PLAN MOST RECENTLY APPROVED BY THE LEGISLATURE UNDER SECTION 503.

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(b) The costs of advertising, appraisals, negotiations,

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SURVEYS, and closings incurred by the department in the sale of

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surplus land.

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(c) The costs of ENVIRONMENTAL ASSESSMENTS, appraisals,

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negotiations, SURVEYS, and closings incurred by the department in

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the purchase of land authorized by this subpart.

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(D) THE COSTS OF MANAGING THE NATURAL RESOURCES FOR PUBLIC

RECREATION ACTIVITIES AND DEVELOPMENT PROJECTS.
(2) If the board does not authorize or reject a recommendation

of the department to purchase land within 60 days, the department

may purchase the land identified in the recommendation.

(2) (3) The report required by section 506 shall include a

summary of all the disbursements of money from the fund for the

purposes enumerated LISTED in subsection (1).

Sec. 2154. (1) The treasurer or other officer charged with the

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collection of taxes for an assessing district shall annually

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forward a single statement of the assessment of all property for

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which payment is claimed under this subpart to the respective

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county by December 1. The statement shall include an itemization of

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the valuation and assessment for each individual parcel for which

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payment is claimed under this subpart. The county shall annually

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forward the statements received from all affected assessing

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districts in the county to the Lansing office of the department by

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December 15. The Lansing office of the department shall review each

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statement. Subject to subsection (2), if the assessment has been

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determined according to this subpart, the department shall

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authorize the state treasurer to pay the amount of the assessment

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by warrant on the state treasury. Beginning in 2014, if an

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assessing district does not submit a statement under this

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subsection by January 1, the amount payable to that assessing

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district shall be reduced by 5% for each month or portion of a

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month after January 1 that the statement is late. The state

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treasurer shall annually forward a separate payment in the amount

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of the assessment to each affected assessing district in the county

by February 14 for any assessing district that has submitted a

statement as provided in this subsection.

(2) For payments made before 2012, the aggregate amount for

all payments to all assessing districts under section 2153 shall be

charged as follows:

(a) That portion of the payment that represents an assessment

by a local school district, intermediate school district, or

community college district shall be charged against the state

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school aid fund established in section 11 of article IX of the

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state constitution of 1963.

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(b) The balance of any payment remaining after the charge made
in subdivision (a) shall be charged as follows:
(i) Not more than 50% from restricted revenue sources of the
department of natural resources.
(ii) The remaining balance after the charge under subparagraph
(i), from the general fund.
(2) (3) For payments made after 2011, the THE aggregate amount

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for all payments to all assessing districts under section 2153

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shall be charged as follows:

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(a) If property for which payment is claimed was not purchased

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with funds from the Michigan natural resources trust fund, payments

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shall be charged as follows:

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(i) That portion of the payment that represents an assessment

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by a local school district, intermediate school district, or

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community college district shall be charged against the state

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school aid fund established in section 11 of article IX of the

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state constitution of 1963.

(ii) The balance of any payment remaining after the charge
made in subparagraph (i) shall be charged as follows:
(A) Not more than 50% from restricted revenue sources of the
department of natural resources.
(B) The remaining balance after the charge under subsubparagraph (A), from the general fund.
(b) If the property for which payment is claimed was purchased

with funds from the Michigan natural resources trust fund, that

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portion of the payment that represents an assessment by a local

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school district, intermediate school district, or community college

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district shall be charged against the Michigan natural resources

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trust fund and the balance of any payment remaining after that

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charge THE PAYMENT shall be charged against the Michigan natural

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resources trust fund.

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(4) Before 2012, if the amount available for payment to all

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local assessing districts from the general fund or from any

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restricted fund is less than the amount required for payment to all

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local assessing districts from the general fund or from any

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restricted fund, the amount available for payment to each local

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assessing district shall be distributed in the same proportion from

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the general fund or from any restricted fund that the required

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payment to that local assessing district is to the total of all

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required payments from the general fund or from any restricted

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fund. Partial payments charged against the Michigan natural

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resources trust fund under subsection (3) do not satisfy payments

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obligated by this state.

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(3) (5) Beginning 2013, this state shall make payment in full

to all local assessing districts under this section. Beginning

2014, if this state does not make payment in full to all local

assessing districts, the delinquent amount that this state failed

to pay is subject to penalty and interest as for delinquent taxes

under the general property tax act, 1893 PA 206, MCL 211.1 to

211.155.

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(4) (6) As used in this section, "Michigan natural resources

trust fund" means the Michigan natural resources trust fund

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established in section 35 of article IX of the state constitution

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of 1963 and provided for in section 1902.

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Sec. 51106. (1) On December BY NOVEMBER 1 of each year, the

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department shall certify to the state treasurer the number of acres

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that are commercial forestlands in each county. and BY DECEMBER 1

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OF EACH YEAR, the state treasurer shall transmit to the treasurer

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of each county in which these commercial forests are located a

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warrant on the state treasurer for an amount equal to the following

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for $1.25 PER ACRE OF commercial forest in the county. :

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(a) Until December 31, 2011, $1.20 per acre.

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(b) Beginning January 1, 2012 2017 and every 5 years after

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that date, the amount of the annual payment under this section

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shall be increased by 5 cents per acre.

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(2) From the payments received under subsection (1), the

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county treasurer of each county shall distribute an amount equal to

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25 cents per acre for each acre of commercial forest in the county

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in the same proportions between the various funds as the ad valorem

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general property tax is distributed by the township treasurers in

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each township. Except as provided by section 51109(2), the county

treasurer of each county shall distribute the remainder of the

funds received under this section in the same manner and in the

same proportion as ad valorem taxes collected under the ad valorem

general property tax.

(3) This state shall make payment in full to each county under

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this section.
Enacting section 1. This amendatory act takes effect 90 days

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after the date it is enacted into law.

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Enacting section 2. This amendatory act does not take effect

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unless Senate Bill No. 39 of the 98th Legislature is enacted into

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law.

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